Breaking: TB12 Authorizes Federal Court Case!

Gronkowski123 said:

toms' going to lose in court now.
i dont see him getting the injunction.

just awful, the courts going to find him a cheater now. hope im wrong obviously

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I'm losing faith not that I think he's guilty but this hasn't ever turned our way. Sucks seein an innocent man be struck down like this

TommyBrady12 said:

he destroyed the phone before kessler was hired. so the only attorney he would have consulted is don yee. i honestly don't think yee has done brady any favors. it was HIS letter to the NFL right before the appeals hearing that stated brady destroyed his phone.

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Ya absolutely zero chance the NFLPA consulted with him before. Come on. If you don't think the NFLPA was in contact with Brady leading up to that then I got a bridge to sell you.

rochrist said:

Unfortunately, the NFL has already filed their own case in NY.

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Which is going to let Minnesota hear the case because precedent has already been set.

If I were Brady and if the courts rule in favor of the NFL (which they most likely wont), I would just say F*CK YOU NFL and retire!

rochrist said:

I think there's a name for that, but I'm not sure what it is.

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It's called a declaratory judgment. The intended purpose is to reduce uncertainty caused by the reasonable expectation of a future lawsuit against you, so that you know how to act according to the ruling (eg, the NFL could determine whether or not it has the authority to suspend Brady at the start of the season so that they know they can do so without paying damages later). But right now they're blatantly using it as a mechanism to forum shop so the case will be in their preferred jurisdiction instead of where Brady and the NFLPA file, which is a wildly inappropriate use of declaratory judgment and strongly discouraged by the federal court system. It would be really surprising if the NFL gets their choice of jurisdiction out of this.

I feel like he and his team failed to plan ahead among many other mistakes, now the NFL has the upper hand.

libra957 said:

I feel like he and his team failed to plan ahead among many other mistakes, now the NFL has the upper hand.

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Do please explain

KDPPatsfan85 said:

If I were Brady and if the courts rule in favor of the NFL (which they most likely wont), I would just say F*CK YOU NFL and retire!

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I'd win SB 50 first and then FU Goodell on the podium but then I'm a vindictive C-word.

Froob said:

That doesn't make sense in my inedcuated opinion. NFL is filing for a case that doesn't exist yet?

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smurfalarm said:

It's called a declaratory judgment. The intended purpose is to reduce uncertainty caused by the reasonable expectation of a future lawsuit against you, so that you know how to act according to the ruling (eg, the NFL could determine whether or not it has the authority to suspend Brady at the start of the season so that they know they can do so without paying damages later). But right now they're blatantly using it as a mechanism to forum shop so the case will be in their preferred jurisdiction instead of where Brady and the NFLPA file, which is a wildly inappropriate use of declaratory judgment and strongly discouraged by the federal court system. It would be really surprising if the NFL gets their choice of jurisdiction out of this.

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It's not. The NFL is petitioning to confirm the arbitrator's award and convert it into a judgment. But you are right that the NFL is forum-shopping. It should be careful what it wishes for.

The Southern District of NY Judges are smart and won't necessarily cave in to the NFL despite being on home turf. I would rather have them decide brady's fate than goondell.

Shocker espn stooge lester munson saying that Brady will lose in court. listen to the dipshit's reason

No, Brady will not succeed. Although he enjoys top-of-the-line legal representation and his lawyers will file a brilliantly written lawsuit, his effort to stop the suspension is doomed. There are two reasons why: First, federal judges are reluctant to reconsider the rulings of arbitrators; second, Goodell produced a decision on Brady that is brilliantly reasoned, meticulously detailed, and well-written. Goodell's recitation of the evidence of the tampering with game balls is powerful, and his description of Brady's attempt at a cover-up is persuasive.

JMC00 said:

Shocker espn stooge lester munson saying that Brady will lose in court. listen to the dipshit's reason

No, Brady will not succeed. Although he enjoys top-of-the-line legal representation and his lawyers will file a brilliantly written lawsuit, his effort to stop the suspension is doomed. There are two reasons why: First, federal judges are reluctant to reconsider the rulings of arbitrators; second, Goodell produced a decision on Brady that is brilliantly reasoned, meticulously detailed, and well-written. Goodell's recitation of the evidence of the tampering with game balls is powerful, and his description of Brady's attempt at a cover-up is persuasive.

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Thank you very much for not calling him a lawyer or a legal analyst.

He's just a disbarred attorney who ESPN brings on to talk about court cases when Roger Cossack actually has things to do.

Deus Irae said:

Do please explain

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Why destroy your phone then admit it during an appeal? As soon as his legal council found about that destroyed phone, the strategy should have been about damage control. The snow ball is getting bigger and bigger.

libra957 said:

Why destroy your phone then admit it during an appeal? As soon as his legal council found about that destroyed phone, the strategy should have been about damage control. The snow ball is getting bigger and bigger.

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I don't necessarily agree that it was a mistake, because we don't know the back story. However, conceding it as a possible mistake for a moment, where are these other times where

"he and his team failed to plan ahead among many other mistakes"?

FCB02062 said:

That sports lawyer from UNH just said on weei that Brady's argument in fed court is in no way a slam dunk...and bradys argument is not as strong as Adrian petersons or ray Rice's.... Yikes

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Just another lawyers opinion.

The law is ambiguous.

It is hard to feel encouraged by this. I pray this goes TB's way but not feeling as confident as I was.

moejr said:

It is hard to feel encouraged by this. I pray this goes TB's way but not feeling as confident as I was.

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That's an understandable reaction.

But let me ask, what would have made you confident?

Goodell and the rest of the league office have tried to strong-arm this entire process from the beginning - so any result other than upholding the full suspension would have been head-scratching and tossed every dime the NFL has spent on this so far down the toilet.

In other words, there was never going to be any other result, especially once Goodell decided to hear the appeal himself.

There is one really (at least I think really) interesting part to the report that I've seen very little mention of.

Goodell's Appeal Report said:

“In short, the available electronic evidence, coupled with information compiled in the investigators’ interviews, leads me to conclude that Mr. Brady knew about, approved of, consented to, and provided inducements and rewards in support of a scheme by which, with Mr. Jastremski’s support, Mr. McNally tampered with the game balls. The result was to undermine, if not vitiate, the game officials’ efforts to ensure that the game balls used by the Patriots compiled with league rules.”

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Bolded. I got it from here: http://itiswhatitis.weei.com/sports...cision-upholding-tom-brady-4-game-suspension/

Now, I'm just a layman, but that language used in this report is a far cry from "More probable than not" that Brady was "generally aware", isn't it?

Is that a big, linguistical **** up on the part of the NFL, or am I just making a mountain out of a molehill?

What would have made me confident is the same result we have today but without the fact brady "destroyed" his phone, just doesn't paint a good picture no matter what reason he had for doing it. Just not smart.

TommyD4207 said:

Thank you very much for not calling him a lawyer or a legal analyst.

He's just a disbarred attorney who ESPN brings on to talk about court cases when Roger Cossack actually has things to do.

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Munson's belief that the evidence of tampering is powerful shows he's not followed any of the contradictory reports. If he had said the evidence of deflation is iffy, but the NFL was not reckless in determining it, I'd have more respect for him. This just reads like he's a hack.

MagicMarker said:

Munson's belief that the evidence of tampering is powerful shows he's not followed any of the contradictory reports. If he had said the evidence of deflation is iffy, but the NFL was not reckless in determining it, I'd have more respect for him. This just reads like he's a hack.

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Munson's a clown, regardless of his position on deflategate. As I've said before, every time he goes on the air, he should be required to wear the outfit.